Monday, May 21, 2012

Health Insurance and Divorce

A
question many clients ask is the impact a divorce will have on their family’s
medical insurance coverage.The answer
depends on the status of the case. During the pendency of the divorce, a court
can, and often will, order that the spouse providing the medical insurance
maintain that coverage for the other spouse and the children while the case is
pending. After a divorce is final
however, the spouse providing coverage will only be ordered to provide the
children with continued health insurance coverage so long as it remains
available through his or her employer at a reasonable cost.In addition, it is standard that a company
will no longer allow coverage for an ex-spouse.

Therefore, if both
spouses are capable to providing coverage for the children, the two should agree
upon the plan which is most beneficial. The party providing insurance should
receive a credit on their child support obligation.This issue can be revisited if circumstances
change such as the employment status of the parent providing coverage.Therefore, if the terms of a policy or cost
of coverage change, the parties may agree to another arrangement a later date
or a court may order a different arrangement based on a change of circumstances.
In the event neither party has health insurance, the court may still order that
the parties obtain health insurance for the child(ren).Parties in such a circumstance can apply for
coverage through the state.

For
a spouse who is does not have health insurance available through their
employer, it is highly recommended to research options and costs to obtain
coverage once the divorce is finalized. COBRA is an option for a spouse looking
for coverage however, this can very expensive and is only available for up to
36 months.Parties going through divorce
should make arrangements prior to the finalization of their divorce to ensure
there is no period they are without medical insurance.

At Hollingsworth & Zivitz, P.C., our
team has the experience, the understanding, and the compassion to assist with
your family law needs. If you have questions or concerns regarding divorce,
custody, support, or any other family law concerns contact our firm at
317.569.2200 or hzlegal.com

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Hollingsworth & Zivitz, PC is dedicated to providing its clients with high quality and cost-effective legal representation. Primarily known as a divorce & family law firm, H&Z has established itself as a leader in serving clients with all types of family law issues including divorce, custody, child support, paternity, adoptions (including contested adoptions), guardianships, post-decree issues suc...h as contempt and modifications, prenuptial and postnuptial agreements, education expenses, mediation and family law appeals. As the firm's motto, real people, real problems, real solutions, suggests, H&Z provides white-glove treatment to all clients, valuing compassion and empathy along with advocacy when addressing clients' individual needs. H&Z is dedicated to minimizing conflict for families, striving to be problem solvers verses part of the problem. While we actively participate in various methods of alternative dispute resolution such as mediation and arbitration, the lawyers of H&Z are tenacious litigators, experienced in assisting individuals and families of high net worth and complex issues such as business valuations, division of stocks and retirements accounts, custody evaluations and parental relocations. Since its inception, the firm's dedication to families has expanded to be a more full service family law firm offering services in estate planning, elder law, and education law services. Whether your particular legal issues involve divorce, child custody, child support, estate planning, elder law,or education law services, H & Z is committed to the highest standards of creativity and excellence with our clients as our number one priority.